Bharti’s petition alleges that Upadhyay engaged in “corrupt practices” under the Representation of People Act. The plea further claims that there is a pending criminal complaint or an FIR against Upadhyay.
New Delhi, March 27: The Delhi High Court has agreed to examine a petition filed by Aam Aadmi Party (AAP) leader Somnath Bharti. In his plea, Bharti has challenged the election victory of Bharatiya Janata Party (BJP) candidate Satish Upadhyay from the Malviya Nagar constituency in the recently held Delhi Assembly elections.
Justice Jasmeet Singh has scheduled the next hearing for April 8, giving Bharti time to submit necessary documents regarding his allegation that a criminal case is pending against Upadhyay.
In the Delhi Assembly elections held in February, Upadhyay secured the Malviya Nagar seat by receiving 39,564 votes, defeating Bharti.
Bharti’s petition alleges that Upadhyay engaged in “corrupt practices” under the Representation of People Act. The plea further claims that there is a pending criminal complaint or an FIR against Upadhyay. However, this claim was strongly opposed by Upadhyay’s legal team.
Senior advocate Rajiv Nayar, representing Upadhyay, denied the existence of any pending FIR and challenged the validity of Bharti’s plea.
“Where is the FIR?” Nayar asked, calling the petition “defective.” He argued that there must be solid material and specific details to support the allegations made in the petition.
The Delhi High Court emphasized that Bharti must provide a sworn affidavit with complete details about his allegations.
“You are saying that there is a complaint which is pending. You have to say that it is pending… If you say you are unsure, then please be sure. That is why I am giving you time. In case this transpires that it is not pending, then you are making a false statement on affidavit,” the judge said.
The court also stressed that such election-related challenges cannot be “a fishing enquiry.”
“It is under the Representation of People Act. The respondent is somebody who has been declared as an elected member,” the judge added.
To substantiate his claims, Bharti offered to visit a Bhopal court to gather relevant documents and details regarding the alleged pending case.
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Meanwhile, on March 26, two separate courts issued notices on petitions challenging the election of BJP leader and Deputy Chief Minister Parvesh Sahib Singh Verma from the New Delhi constituency and former Delhi Chief Minister and AAP leader Atishi from Kalkaji constituency.
Case Title: Somnath Bharti v. Satish Upadhyay
